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Arkansas Statutes, Title 20

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Arkansas/Statutes

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Title 20, Public Health and Welfare

63 chapters · 2,725 sections in this title.

All chapters in Title 202,725 Ch 77, Medical Assistance241 Ch 16, Reproductive Health215 Ch 10, Long-Term Care Facilities and Services191 Ch 13, Emergency Medical Services151 Ch 17, Death and Disposition of the Dead139 Ch 27, Miscellaneous Health and Safety Prov…130 Ch 15, Disease and Disease Prevention Generally114 Ch 9, Health Facilities and Services Generally112 Ch 64, Alcohol and Drug Abuse106 Ch 7, State Board of Health — Department o…96 Ch 76, Public Assistance Generally92 Ch 47, Treatment of Persons With Mental Illness83 Ch 22, Fire Prevention, Protection, and Safety81 Ch 48, Treatment of Persons With Developmen…74

2,725 sections·Filtered byTitle 20✕

Ark. Code Ann. § 20-16-1706 Medical emergencies
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When a medical emergency compels the performance of an abortion, the physician shall inform the woman before the abortion, if possible, of the medical indications supporting the physician's judgment that an immediate abortion is necessary to avert her death or that a seventy-two-…
Ark. Code Ann. § 20-16-1707 Rules — Collection and reporting of information
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(a) The Department of Health shall develop and promulgate rules regarding reporting requirements. (b) (1) The Arkansas Center for Health Statistics shall ensure that all information collected by the center regarding abortions performed in this state shall be available to the publ…
Ark. Code Ann. § 20-16-1708 Rules
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(a) (1) The Department of Health shall adopt rules to implement this subchapter.(2) The department may add by rule additional examples of complications to supplement those in § 20-16-1703. (1) The Department of Health shall adopt rules to implement this subchapter. (2) The depart…
Ark. Code Ann. § 20-16-1709 Criminal penalty
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A person who intentionally, knowingly, or recklessly violates this subchapter commits a Class A misdemeanor.

Ark. Code Ann. § 20-16-1710 Civil penalties

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(a) In addition to any remedies available under the common law or statutory law of this state, failure to comply with the requirements of this subchapter shall provide a basis for a:(1) Civil malpractice action for actual and punitive damages; and(2) Professional disciplinary act…

Ark. Code Ann. § 20-16-1711 Construction

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(a) This subchapter does not create or recognize a right to abortion. (b) This subchapter is not intended to make lawful an abortion that is currently unlawful.

Ark. Code Ann. § 20-16-1801 Title

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This subchapter shall be known and may be cited as the “Arkansas Unborn Child Protection from Dismemberment Abortion Act”.

Ark. Code Ann. § 20-16-1802 Definitions

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(1) As used in this subchapter:(1) “Abortion” means the use or prescription of any instrument, medicine, drug, or any other substance or device:(A) To terminate the pregnancy of a woman known to be pregnant with an intention other than to:(i) Increase the probability of a live bi…

Ark. Code Ann. § 20-16-1803 Ban on dismemberment abortion

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(a) A person shall not purposely perform or attempt to perform a dismemberment abortion and thereby kill an unborn child unless it is necessary to prevent a serious health risk to the pregnant woman. (b) (1) A person who is accused of violating subsection (a) of this section may …

Ark. Code Ann. § 20-16-1804 Civil remedies — Attorney's fees

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(a) (1) A cause of action for injunctive relief against a person who has purposely violated this subchapter may be maintained by:(A) The woman who receives or attempted to receive a dismemberment abortion in violation of this subchapter;(B) A person who is the spouse, parent, or …

Ark. Code Ann. § 20-16-1805 Criminal penalty

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A person who violates § 20-16-1803(a) commits a Class D felony.

Ark. Code Ann. § 20-16-1806 Protection of privacy in court proceedings

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(a) In a civil proceeding or action brought under this subchapter, the court shall determine whether the anonymity of a woman who received or attempted to receive a dismemberment abortion shall be preserved from public disclosure without her written consent. (b) (1) Upon determin…

Ark. Code Ann. § 20-16-1807 Construction

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(1) This subchapter does not:(1) Create or recognize a right to abortion;(2) Create or recognize a right to a particular method of abortion; or(3) Make lawful an abortion that is currently unlawful under any law of this state. (1) Create or recognize a right to abortion; (2) Crea…

Ark. Code Ann. § 20-16-1901 Title

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This subchapter shall be known and may be cited as the “Sex Discrimination by Abortion Prohibition Act”.

Ark. Code Ann. § 20-16-1902 Legislative findings and purpose

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(a) The General Assembly finds that:(1) With regard to sex-selection abortion:(A) The victims of sex-selection abortion are overwhelmingly female;(B) A sex-selection abortion is used to prevent the birth of a child of an undesired sex;(C) The United States, along with other count…

Ark. Code Ann. § 20-16-1903 Definitions

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(1) As used in this subchapter:(1) (A) “Abortion” means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman, with knowledge that the termination by an…

Ark. Code Ann. § 20-16-1904 Prohibition — Sex-selection abortion

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(a) A physician or other person shall not intentionally perform or attempt to perform an abortion with the knowledge that the pregnant woman is seeking the abortion solely on the basis of the sex of the unborn child. (b) Before performing an abortion, the physician or other perso…

Ark. Code Ann. § 20-16-1905 Criminal penalties

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A physician or other person who knowingly performs or attempts to perform an abortion prohibited by this subchapter is guilty of a Class A misdemeanor.

Ark. Code Ann. § 20-16-1906 Civil penalties and professional sanctions

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(a) (1) A physician or other person who knowingly violates this subchapter is liable for damages and shall have his or her medical license suspended or revoked as applicable.(2) The physician or other person may also be enjoined from future acts prohibited by this subchapter. (1)…

Ark. Code Ann. § 20-16-1907 Exclusion of liability for a woman who undergoes prohibited abortion

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(a) A woman who receives or attempts to receive an abortion in violation of this subchapter shall not be prosecuted under this subchapter for conspiracy to violate this subchapter or otherwise be held criminally or civilly liable for any violation. (b) In a criminal proceeding or…

Ark. Code Ann. § 20-16-1908 Construction

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(a) This subchapter shall not be construed as creating or recognizing a right to abortion. (b) It is not the intention of this subchapter to make lawful an abortion that is currently unlawful.

Ark. Code Ann. § 20-16-1909 Right of intervention

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The General Assembly by joint resolution may appoint one (1) or more of its members who sponsored or cosponsored this subchapter in his or her official capacity to intervene as a matter of right in any case in which the constitutionality of this law is challenged.

Ark. Code Ann. § 20-16-1910 Effective date

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This subchapter takes effect on January 1, 2018.

Ark. Code Ann. § 20-16-2001 Title

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This subchapter shall be known and may be cited as the “Cherish Act”.

Ark. Code Ann. § 20-16-2002 Legislative findings and intent

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(a) The General Assembly finds that:(1) (A) The United States is one (1) of only seven (7) nations in the world that permits nontherapeutic or elective abortion on request after the twentieth week of gestation.(B) Fully seventy-five percent (75%) of all nations do not permit abor…

Ark. Code Ann. § 20-16-2003 Definitions

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(1) As used in this subchapter:(1) (A) “Abortion” means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman, with knowledge that the termination by an…

Ark. Code Ann. § 20-16-2004 Abortion limited to 18 weeks' gestation

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(a) Except in a medical emergency or if the pregnancy results from a rape under § 5-14-103 or incest under § 5-26-202 when documentation is presented that states that the crime has been reported to law enforcement, a person shall not perform, induce, or attempt to perform or indu…

Ark. Code Ann. § 20-16-2005 Reporting forms

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(a) Within thirty (30) days of July 24, 2019, the Department of Health shall create forms required by this subchapter. (b) The reporting requirements shall be enforceable ten (10) days after either July 24, 2019, or the date that the forms described in subsection (a) of this sect…

Ark. Code Ann. § 20-16-2006 Penalties — Additional enforcement

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(a) (1) A person who purposely or knowingly violates this subchapter is guilty of a Class D felony.(2) A woman upon whom an abortion is performed, induced, or attempted in violation of this subchapter shall not be prosecuted for conspiracy to commit a violation of this subchapter…

Ark. Code Ann. § 20-16-2007 Construction

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(1) This subchapter does not:(1) Create or recognize a right to abortion;(2) Create or recognize a right to a particular method of abortion; or(3) Make lawful an abortion that is currently unlawful under any law of this state. (1) Create or recognize a right to abortion; (2) Crea…

Ark. Code Ann. § 20-16-2008 Right of intervention

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(a) The General Assembly by joint resolution may appoint one (1) or more of its members who sponsored or cosponsored this subchapter in his or her official capacity to intervene as a matter of right in any case in which the constitutionality of this law is challenged. (b) The Gov…

Ark. Code Ann. § 20-16-201 Establishment — Purpose

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(a) The Arkansas Reproductive Health Monitoring System is established and is to be administered within Arkansas Children's Hospital. (b) The purpose of the system is to collect and analyze data from a number of sources to describe trends in the occurrence of reproductive endpoint…

Ark. Code Ann. § 20-16-202 Definition

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As used in this subchapter, “commission” means the advisory commission established in § 20-16-203.

Ark. Code Ann. § 20-16-203 Advisory commission — Members — Functions

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(a) The Arkansas Reproductive Health Monitoring System shall be administered with the advice of an advisory commission appointed to one-year renewable terms by the Medical Director of the Arkansas Reproductive Health Monitoring System. (b) The functions of the commission are to:(…

Ark. Code Ann. § 20-16-205 Medical director — Appointment — Powers and duties

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(a) The Arkansas Reproductive Health Monitoring System shall be administered by a medical director appointed by the Medical Director of Arkansas Children's Hospital from among the professional staff of Arkansas Children's Hospital. (b) The Medical Director of the Arkansas Reprodu…

Ark. Code Ann. § 20-16-206 Authority to contract for information

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(a) The Arkansas Reproductive Health Monitoring System is expressly authorized to contract for the production of any information which the Medical Director of the Arkansas Reproductive Health Monitoring System determines to be relevant to monitoring reproductive health. (b) Infor…

Ark. Code Ann. § 20-16-207 Information confidential — Exception

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The Arkansas Reproductive Health Monitoring System is expressly exempted and prohibited from supplying any information by individual name or other personal identifier or in a form other than a statistical report or other appropriate form which protects the confidentiality of indi…

Ark. Code Ann. § 20-16-208 Furnishing of information by hospitals

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All hospitals with patient records containing information pertaining to reproduction and development are required to share information in those records with the Arkansas Reproductive Health Monitoring System.

Ark. Code Ann. § 20-16-209 Furnishing of information by physician, clinic, etc

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(a) Any physician, clinic, person, or organization may provide information relative to reproductive health to the Arkansas Reproductive Health Monitoring System. (b) No liability of any kind for damages or other relief shall arise or be enforced against any person or organization…

Ark. Code Ann. § 20-16-210 Intergovernmental agreements

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The Arkansas Reproductive Health Monitoring System shall have the power to enter into agreements with other states and the Centers for Disease Control and Prevention consistent with the requirements and restrictions of this subchapter in order to obtain relevant information for t…

Ark. Code Ann. § 20-16-2101 Title

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This subchapter shall be known and may be cited as the “Down Syndrome Discrimination by Abortion Prohibition Act”.

Ark. Code Ann. § 20-16-2102 Definitions

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(1) As used in this subchapter:(1) (A) “Abortion” means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman, with knowledge that the termination by an…

Ark. Code Ann. § 20-16-2103 Prohibition — Down Syndrome

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(a) A physician shall not intentionally perform or attempt to perform an abortion with the knowledge that a pregnant woman is seeking an abortion solely on the basis of:(1) A test result indicating Down Syndrome in an unborn child;(2) A prenatal diagnosis of Down Syndrome in an u…

Ark. Code Ann. § 20-16-2104 Criminal penalties

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A physician or other person who knowingly performs or attempts to perform an abortion prohibited by this subchapter is guilty of a Class D felony.

Ark. Code Ann. § 20-16-2105 Civil penalties and professional sanctions

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(a) (1) A physician who knowingly violates this subchapter is liable for damages and shall have his or her medical license revoked as applicable.(2) The physician may also be enjoined from future acts prohibited by this subchapter. (1) A physician who knowingly violates this subc…

Ark. Code Ann. § 20-16-2106 Exclusion of liability for a woman who undergoes prohibited abortion

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(a) A woman who receives or attempts to receive an abortion in violation of this subchapter shall not be prosecuted under this subchapter for conspiracy to violate this subchapter or otherwise be held criminally or civilly liable for any violation of this subchapter. (b) In a cri…

Ark. Code Ann. § 20-16-2107 Right of intervention

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The General Assembly by joint resolution may appoint one (1) or more of its members who sponsored or cosponsored this subchapter in his or her official capacity to intervene as a matter of right in any case in which the constitutionality of this law is challenged.

Ark. Code Ann. § 20-16-211 Funding and implementation

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(a) The Arkansas Reproductive Health Monitoring System shall have the power to receive and expend grants, donations, and funds from public and private sources to carry out its responsibilities under this subchapter. (b) Arkansas Children's Hospital is not required to implement th…

Ark. Code Ann. § 20-16-212 Reports

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The Arkansas Reproductive Health Monitoring System shall periodically prepare reports of its findings for dissemination to appropriate agencies and interested persons.

Ark. Code Ann. § 20-16-213 Rendering of patient care and regulatory activity prohibited

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The Arkansas Reproductive Health Monitoring System is expressly prohibited from rendering patient care, promulgating any rule or regulation, or engaging in any regulatory activity.